Warranty
LINGSHAN TRADING COMPANY LTD
WARRANTY - LED
DEFINITIONS
In these conditions 'the Company' means Lingshan Trading Company Limited and 'the Customer' means the person or company to whom this document is addressed. To be served alongside the company T&C and the company Manufacturer Return Policy.
LIMITED WARRANTY
The Company warrants to the Customer that each product manufactured and sold by it will be free from defects in material and workmanship in its intended use (normal wear and tear accepted) for the period of 12 months from date of the Customers purchase (the invoice date) from the Company. The company also offers the extended warranty period of 24 months and also 36 months to the customer on selected products from date of the Customers purchase (the invoice date) from the Company. The company warranty flows only to the Original Customer. If any Product covered by these warranties is returned by the Customer in accordance with the companies Manufacturer Return Policy, the company will determine to its satisfaction that such Product was defective in material or workmanship at the time of delivery to the customer. The Company will, at its option, repair or replace the Product or the defective part thereof at the company discretion. For purposes of clarity, “repair or replace the Product or the defective part thereof" does not include any removal or reinstallation costs or other expenses incurred in the removal, return and re-installation of the product to the company. If the company chooses to replace the Product and is not able to do so because it has been discontinued or is not available, the company may replace it with a comparable product. The foregoing notwithstanding, the company will not be responsible for damage to any Product resulting from misuse, negligence, acts of God or accident or resulting from repairs or alterations made by any person or firm not duly authorized by the company in writing.
THIRD PARTY WARRANTIES
With respect to products sold to the Customer by the company but not manufactured by the company. THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, but will make available to the customer, to the extent permitted by law and relevant contracts, the warranties of the manufacturer (if any) of the relevant product upon the customer's timely written request.
NON-IMPLIED WARRANTIES
THE WARRANTIES GIVEN IN THESE TERMS ARE THE ONLY WARRANTIES GIVEN BY THE COMPANY WITH RESPECT TO THE PRODUCTS AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF NON INFRINGEMENT AND, OF FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMERS EXCLUSIVE REMEDIES AND THE COMPANIES SOLE LIABILITY, FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE THOSE EXPRESSED HEREIN
LIMITATION OF LIABILITY
An essential purpose of the limited exclusive liabilities and remedies in this Agreement is allocation of risks between the company and the customer, which allocation of risks is reflected in the purchase price for the Products. UNDER NO CIRCUMSTANCES SHALL THE COMPANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE COMPANY PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
For and on behalf of Lingshan Trading Company Limited
Valid as of 01 January 2001